The Veteran's back condition was rated at 20 percent prior to December 2009 and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected degenerative disc and joint disease of the lumbar spine.,The Veteran's right leg numbness was initially rated at 10 percent in May 3, 2005, and increased to 40 percent effective December 2009. The Veteran is seeking a higher rating for his service-connected radiculopathy of the right lower extremity (right leg numbness).
The deciding factor: The medical evidence consistently demonstrated forward flexion well in excess of 30 degrees prior to December 2009, and the Veteran did not experience unfavorable ankylosis or IVDS with incapacitating episodes during this period. However, his symptoms worsened after September 2005, resulting in a limited range of motion and inability to straighten the spine.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Radiculopathy of the right lower extremity (right leg numbness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 21, 2015
- Citation
- 1502971
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1502971.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.